Central Administrative Tribunal - Delhi
Sushil Kumar vs M/O Railways on 3 October, 2018
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.3633/2018
Wednesday, this the 3rd day of October, 2018
Hon'ble Mr. K.N. Shrivastava, Member (A)
Hon'ble Mr. S.N. Terdal, Member (J)
Shri Sushil Kumar s/o Sh. Ramesh Kumar
age 21 years
Designation - TADK - Group C
r/o C-25, Paryavaran Complex
Saidul Azaib, South Delhi, Delhi - 110 030
..Applicant
(Mr. R K Shukla, Advocate)
Versus
1. Union of India through Chairman
Rail Bhawan, New Delhi
2. The General Manager
NR Headquarter Baroda House
New Delhi
3. The Divisional Railway Manager
Northern Railway
Firozpur Division, Punjab
4. Assistant Personnel Officer
Northern Railway
Firozpur Division, Punjab
5. Jusuf Kabir Ansari
Senior Divisional Personnel Officer
Northern Railway
Firozpur Division, Punjab
..Respondents
O R D E R (ORAL)
Mr. K.N. Shrivastava:
The applicant was appointed as a substitute Telephone Attendant -
cum - Dak Khallasi (TADK) by the Divisional Railway Manager (DRM), Firozpur Division, Punjab, vide Annexure A-2 order dated 18.10.2017. The 2 appointment was initially for a period of 3 months, which was extendable on satisfactory service.
2. The contention of the applicant is that his engagement has been subsequently extended from time to time. The grievance of the applicant is that he is not being allowed to work since 06.06.2018. He had submitted two representations, namely, the representation dated 06.06.2018 (p.17) to the DRM, Firozpur Division, Punjab and another one dated 27.06.2018 (p.19) to General Manager (GM), Northern Railway, New Delhi. It is stated that the GM, Northern Railway, vide his letter dated 07.08.2018 (p.15), has directed the DRM, Firozpur to take a decision and dispose of the representations of the applicant, but the same has not been done. Accordingly, the applicant has approached the Tribunal in the instant O.A., praying for the following reliefs:-
"(a) to direct the respondent no.2 i.e. General Manager, Northern Railway to take suitable step regarding to issue an order of duty of the applicant with the respondent no.5 or to take other suitable step to accommodate the applicant in accordance with law as the applicant had attained the temporary status on 18.02.2018;
(b) to direct the respondent no.2 to take decision regarding grievance of the applicant in a time bound manner in terms of letter dated 07.08.2018."
3. Considering the nature of the controversy involved, we dispose of the O.A. at the admission stage with a direction to DRM, Firozpur (respondent No.3) to decide the representation dated 06.06.2018 preferred by the applicant within a period of two months from the date of receipt of a copy of this order, by way of passing a reasoned and speaking order. The applicant shall have liberty to take recourse to appropriate remedy, as 3 available to him under law, in case he remains dissatisfied with the order to be passed by respondent No.3 on his representation.
( S.N. Terdal ) ( K.N. Shrivastava ) Member (J) Member (A) October 3, 2018 /sunil/